Employee’s failure to report misconduct of another

Question: Can an employee’s failure to report another employee’s misconduct constitute misconduct justifying discipline itself? Are you aware of cases where an employee has been dismissed for remaining silent regarding serious misconduct by a co-worker?

Answer: The simple answer to the question is that yes, failing to report someone else’s misconduct can constitute misconduct warranting discipline or even dismissal itself. Such conduct can be considered to be an act of dishonesty, by omission, and can also be a breach of policy.

Of course, we all know that even if an employee is guilty of misconduct, the employer must adopt a contextual approach and consider all relevant factors in order to assess the appropriate level of discipline. Part of this assessment is to include the need for proportionality.